In a significant assertion of judicial authority, federal judges have delayed the White House's attempts to freeze up to $3 trillion in federal spending. This intervention highlights the continued role of the judiciary as a check on executive power amid ongoing legal battles. A Washington district court has paused an initiative that aimed to place 2,200 USAid staff on administrative leave, and Judge Carl Nichols has ordered the temporary reinstatement of 500 staff members who were previously put on leave.
In another courtroom development, U.S. District Court Judge Paul Engelmayer issued an injunction against Elon Musk's "Department of Government Efficiency" (Doge) unit. This action prevents Doge from accessing the treasury department’s central payment system, which processes trillions of dollars in government spending, including tax refunds and social security payments. The injunction followed a lawsuit filed by 19 attorneys general from Democratic states challenging Doge's seizure of treasury information. A hearing is set for February 14 to further address the injunction.
JD Vance, the U.S. Vice President, has come under fire for comments perceived as a threat to the U.S. Constitution. Vance suggested that judges are not permitted to control the president's "legitimate power," a statement that contradicts the judicial review authority conferred by Article III of the Constitution.
"It’s called the ‘rule of law’. Our constitution created three co-equal branches of government to provide checks and balances on each other (‘separation of powers’)." – Daniel Goldman
Further elaborating on the judiciary's role, Daniel Goldman remarked:
"The judiciary makes sure that the executive follows the law. If you do, then you won’t have problems."
Quinta Jurecic expressed concerns over Vance's remarks, suggesting they imply an executive defiance against court orders:
"What Vance’s wording suggests is that the executive could potentially respond to a court order by saying to the court, ‘You’re unconstitutionally intruding on my authority and I’m not going to do what you say.’"
Jurecic warned of dire consequences:
"At that point, the constitution falls apart."
Vance defended his stance with a military analogy:
“If a judge tried to tell a general how to conduct a military operation, that would be illegal,” – JD Vance
Meanwhile, Elon Musk criticized the judicial actions against Doge, expressing his frustration:
“A corrupt judge protecting corruption. He needs to be impeached NOW!” – Elon Musk
The recent judicial interventions are seen as part of a broader pattern where federal courts have acted as a bulwark against former President Trump's aggressive moves to reshape federal bureaucracy and assert a more dominant executive vision. Trump’s previous attempts to end birthright citizenship and transfer transgender female inmates to male-only prisons have also faced legal challenges.
Historically, Trump has selectively embraced judicial rulings that favored his actions while dismissing those opposing him. He frequently praised Florida Judge Aileen Cannon for rulings that restricted investigations by former special counsel Jack Smith into his activities.